It has been claimed that Jenner is currently hoping to trade mark her name, but Kylie is having none of it.Â
You can see the documents as filed hereÂ legal documents that are accessible online, and her lawyers refer to Jenner as a Âsecondary reality television personalityÂ. Spot on. Hands off Jenner there is only one Kylie
Can you trade mark your name?
The ECJÂs judgement in Case C-404/02, Nichols plc v Registrar of Trade Marks (16 September 2004) addressed the distinctive character of common surnames. The court confirmed that the assessment of the distinctive character of a surname must be carried out according to the specific circumstances of the case, and that (like all other types of marks) the presence or absence of distinctive character depends upon the perception of relevant consumers, having regard to the essential function of a trade mark identified in Article 2 of the Directive.